арбитражное процессуальное право ЛитРес

A new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.

Royalty Rates for Licensing Intellectual Property includes critical information on financial theory, rules of thumb, industry guidelines, litigation based royalty rates, and tables of actual rates from real deals for different industries.

Litigation Services Handbook, Fourth Edition is referred to as the litigation bible. Its nearly 50 chapters read like a who's who in law and accounting. The handbook includes all aspects of litigation services, including current environments, the process itself, a wealth of cases, how to prove damages, and practical considerations of court appearances. The new edition has a heavy focus on fraud investigations and complying with Sarbanes-Oxley requirements.

Companies are increasingly looking to their intellectual property (patents, trademarks, formulas, copyrights, brand names, distributions systems, etc.) as a profit center. As they try to extract more value from their holdings, some of which have been left dormant for years, many are looking beyond their own core products to partnerships with outside industries. Now it its third edition, Intellectual Property: Licensing and Joint Venture Strategies provides the most up-to-date practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements.

A comprehensive resource for anyone involved in intellectual property litigation With Intellectual Property Damages you'll get the basics of the intellectual property litigation process, the essential «rules» in postulating damages theories, the basics of IP law, the economic policies that are the foundation for much of IP litigation, the skills necessary to correctly calculate damages in IP cases–and more! Order your copy today!

This book covers the protection of chemical inventions by means of Patents and Utility Models, as well as Supplementary Protection Certificates (SPCs) for medicaments and agrochemicals. The jurisdiction of both the European Patent Office and the relevant German Courts which has been developed in recent decades is presented and explained in a comparative manner. It is the first English edition of a book which has become a standard companion for Patent Practitioners in the field of Chemistry in German speaking countries. The material prerequisites of patentability such as novelty, inventive step and sufficiency are comprehensively discussed. Further included is an overview on the examination proceeding before both the European and German Patent Offices. Special emphasis has been given to Chapters VII-IX, dealing with the issues of protective scope, infringement proceeding (national and crossborder) and the exhaustion of patent rights. The latest Case Law of the Appeal Boards of the European Patent Office, the German Federal Supreme Court and the Federal Patent Court has been taken into account. This book provides all the information necessary for the acquisition, the use and the enforcement of protective rights in the field of chemistry. The authors of the commentary are Dr. Bernd Hansen, a Munich-based Patent Attorney and Dr. Fritjoff Hirsch, a former Judge of the German Federal Patent Court.

This well established reference book brings together leading cases on building contracts to illustrate legal principles. It provides a statement of the principle established, a summary of the facts and the decision and, for most cases, a verbatim extract of the judgment. The latest edition includes a number of new cases since the last edition was published in 1999.

A new revised and updated edition of an indispensable classic This updated Second Edition of Investigative Accounting in Divorce provides a solid grounding in every aspect of investigative accounting services in divorce proceedings. It provides a broad overview of the process of evaluating the true financial worth and cash flow of parties in a divorce while also discussing the working relationship between the accountant and the attorney. In addition, it offers divorce accountants detailed coverage of all the most important methods and approaches to the distribution of property and the determination of financial support. It provides guidance on the investigation, uncovering, and documentation of unreported income and includes a wealth of sample worksheets, forms, and checklists appropriate in a variety of situations. Also included are tips on valuation of both client and adversarial assets and on writing valuation reports. All the information divorce accountants need in order to execute their duties is provided including guidance on trial and pretrial negotiations, dealing with clients, documents and documentation, economic and tax issues, balance sheets, expenses and fees, alimony and support, and post-divorce services. Investigative Accounting in Divorce, Second Edition is the most comprehensive and up-to-date resource available for accountants involved in divorce actions.

Forensic Science in Court: The Role of the Expert Witness is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation. An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The book is also an invaluable reference for any scientist requested to give an opinion in a legal context. · Integrates law and science in an easy to understand format · Inclusion of case studies throughout · Includes straightforward statistics essential for the forensic science student · An invaluable, practical textbook for anyone appearing as an expert witness in court · Unique in its approach aimed at forensic science students in a courtroom environment

This indispensable tool provides readers with complete coverage of the issues, methods, and art of valuing and pricing of early-stage technologies including backgrounds in the core concepts, sources of value, methods of valuation, equity realizations, and negotiation strategies.

A definitive resource for professionals in licensing and technology management In this comprehensive guide to licensing best practices, esteemed members of the Licensing Executives Society International offer in-depth discussion of a broad range of important topics in the field of licensing, including: * Licensing issues in Europe, Asia, Australia, the Middle East, South Africa, and Latin America * Technology valuation * Technology management consulting * Licensing agreements and strategic partnerships * The expansion of the licensing profession * Patent procedures and protection in Europe * Trade secrets law and intellectual property assets * Issues in copyright, software, and Web sites * Trademarks, trade names, and trade dress * Licensing in the biotechnology industry * Pharmaceutical licensing * University licensing trends * Technology rights that are financial assets and instruments * IC-based corporate carve-outs * Licensing and litigation * ADR

An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a «do-it-yourself» manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.

FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. Case studies throughout the book give you a specific business context within which to consider the concepts introduced Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs

The updated second edition of Handbook of Firearms and Ballistics includes recent developed analytical techniques and methodologies with a more comprehensive glossary, additional material, and new case studies. With a new chapter on the determination of bullet caliber via x-ray photography, this edition includes revised material on muzzle attachments, proof marks, non-toxic bullets, and gunshot residues. Essential reading for forensic scientists, firearms examiners, defense and prosecution practitioners, the judiciary, and police force, this book is also a helpful reference guide for undergraduate and graduate forensic science students.

Praise for The Art & Science of Technology Transfer «Phyl Speser's personality comes across in the text-complicated, intrigued, highly rational, insightful, rich in context, and fun. She had me smiling throughout. This work represents the next chapter of the technology transfer profession's development, where it will be all about getting to market with a studied awareness of value. Phyl gives us the tools to get there with a great read, just the focus we are needing in the profession.» —Jill A. Tarzian Sorensen, JDExecutive Director, Johns Hopkins Technology Transfer, The Johns Hopkins University «Phyl Speser is one of the pioneers in developing the modern practice of technology transfer and in The Art & Science of Technology Transfer, she shares her experiences and philosophy in a well-written, highly readable book that is packed with case studies of both success and failure.» —Ashley Stevens, Director, Office of Technology Transfer, Boston University «This readable book is a must for anyone wanting to look at the technology transfer process from a novel viewpoint. Rather than just recite the nuts and bolts of the process, it illustrates theoretical concepts with real world, practical examples. Any reader will come away with new and useful ways of looking at, and doing, this business.» —Kenneth H. Levin, PHD, Deputy DirectorUniversity of Chicago Office of Technology & Intellectual Property (UCTech) «An amazing compendium of philosophy, science, and practical experience that converge to form, literally, the art and science of technology transfer. On any given page, you may find a quote from Plato, a mathematical formula, an intriguing anecdote by the author, or a practical 'how-to' statement. It's written in a very engaging style that keeps you turning from page to page . . . there's enough material in this book to launch a college course on Technology Transfer-nothing is left out!» —David Snyder, Vice President-Technology Commercialization Science Applications International Corporation (SAIC) «This is an excellent introduction to sorting out the complex world of technology transfer, eminently useful to both practitionersand students. The text is thorough, filled with the practical examples, details, and guidelines useful to learn and practice this often-arcane subject, while never losing sight of an overarching paradigm for getting new technology out of the lab and into the market. I am certain that other teachers will find it as valuable as I have.» —Lawrence Aronhime, Faculty Associate and Lecturer, The Johns Hopkins University, 2005 recipient Johns Hopkins Alumni Association Excellence in Teaching Award «A clear and entertaining presentation of the complexities of technology transfer and intellectual property, this book provides usable, practical information to students and practitioners on every page. The Art & Science of Technology Transfer provides a well-crafted immersion in the processes and practices of moving ideas into the marketplace.» —Phil Weilerstein, Executive Director,National Collegiate Inventors and Innovators Alliance (NCIIA)

Whether you're a patent examiner, patent attorney, commercial patent searcher, patent liaison, IP librarian, law professor, or competitive intelligence analyst, you'll find Patent Searching: Tools and Techniques to be just the guide you have been waiting for, with a range of approaches to patent searching that will be useful to you regardless of your technical expertise or role in the intellectual property community.

Insider Information at Your Fingertips Determining the worth of intellectual property (IP) is a complicated task. An IP litigator needs to conclude the monetary damage occurring as a result of harm done to an inventor's or a company's reputation as well as the economic damage caused by compromise of an idea or invention due to its unauthorized usage. Edited by litigation expert Daniel Slottje, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation sheds light on how to quantify damages in IP litigation matters with revealing contributions from IP professionals, attorneys, economics professors, certified public accountants and other damages professionals. This essential resource is thoroughly researched with timely insight on quantification of damages; evaluation of damage claims in trade secrets; patent, copyright, and trademark cases; economic damages; and much more. With IP litigation becoming more and more prevalent today, the demand increases for IP professionals and attorneys to understand how economists, accountants, and financial analysts quantify damages in IP matters. Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process and provides you with an «at-your-fingertips» resource brimming with current, relevant information in the field of intellectual property litigation.

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors–drawn from a wide range of academic disciplines–contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Forensic photography plays a vitally important part in the investigation of crime and the subsequent administration of justice. Written by a practitioner with many years professional experience, this book provides an overview of the most common forensic photography techniques in use today for those readers who may not have a detailed understanding of camera techniques and who need to get to grips with the use of light and other key scientific aspects of the job. It covers image capture issues, file handling and relevant equipment, such as lasers and UV lights, and explores how they work. The predominance of the digital camera has resulted in an increasing trend for police forces across the world to use untrained camera users, rather than expert photographers. Therefore, this book will prove invaluable for those practitioners who need to produce accurate and clear photographic evidence, above and beyond the point and shoot mode on their cameras.

This book is designed to be a quick guide to European Union law and explains how it may be used for practical effect. It is written in a clear style for practitioners who are in a hurry to master the subject, and contains precedents of the kinds of documents they may have to prepare. It explains the basic law, the basic concepts, the procedure and the jargon in a way that lawyers new to the subject will find easy to understand. It will give them the answers they need fast. Throughout, there is extensive reference to case law. The new edition has been revised to take into account the 1997 Amsterdam Treaty, which consolidated and renumbered the articles of the Union Treaty and incorporated the Social Charter. It also covers recent case law and changes to competition law.

Invention and patents continues to be an important issue in technology and our global economy. Invention and Patenting provides a clear picture of how to be a prolific inventor, to understand patents, and the patent process. It provides an illuminating insight into the writing of invention disclosures to patents from the submission process to final drafts. The book shows how to communicate effectively with patent lawyers and patent examiners, teaching the language of “legalese.” This book is unique in covering both the early invention process to final patent drafting to provide high quality patents in technologies. Key features include: How to become an inventor, how to invent, to what is invention; How to write an invention disclosure to writing a patent; Examples of utility, design, and plant patents; How to prepare the background section, brief listing of figures, detailed description of the invention, claims, abstract to artwork; Using patent search engines; Writing independent and dependent claims; Analyzing office actions of the US and European patent offices; How to write an office action response and amending claims; and, Examples of Office Action responses, preliminary amendments, to notice of allowance response; Invention and Patenting is the first book by an engineer and inventor from a technologist’s point of view. It is an essential reference for engineers and inventors. It is also useful for graduate and undergraduate students in technology and the sciences.

This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors – engineers and scientists – as well as financiers and economists. Written by experts with first-hand knowledge this book is completely up-to-date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs. For scientists, engineers, managers and financiers in the chemical industry.

The Fourth Edition of a seminal work in the field of mediation and conflict resolution For almost thirty years, conflict resolution practitioners, faculty, and students have depended on The Mediation Process as the all-inclusive guide to the discipline. The most comprehensive book written on mediation, this text is perfect for new and experienced conflict managers working in any area of dispute resolution—family, community, employment, business, environmental, public policy multicultural, or international. This is the expert's guide, and the Fourth Edition has been expanded and revised to keep pace with developments in the field. It includes new resources that will promote excellence in mediation and help disputants reach durable agreements and enhance their working relationships. Includes expanded information on the latest approaches for providing mediation assistance Features comprehensive guidelines for selecting the right strategy for both common and unique problems Utilizes updated, contemporary case studies of all types of disputes Offers expanded coverage of the growing field and practice of intercultural and international mediation

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Practicing Narrative Mediation provides mediation practitioners with practical narrative approaches that can be applied to a wide variety of conflict resolution situations. Written by John Winslade and Gerald Monk—leaders in the narrative therapy movement—the book contains suggestions and illustrative examples for applying the proven narrative technique when working with restorative conferencing and mediation in organizations, schools, health care, divorce cases, employer and employee problems, and civil and international conflicts. Practicing Narrative Mediation also explores the most recent research available on discursive positioning and exposes the influence of the moment-to-moment factors that are playing out in conflict situations. The authors include new concepts derived from narrative family work such as «absent but implicit,» «double listening,» and «outsider-witness practices.»

The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the field's understanding of the theory and practice of conflict intervention. That volume first articulated the «transformative model» of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others. In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including a compelling description of how the field has moved toward increasing acceptance of the transformative model a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively clarifications of common misconceptions about the model a vision for the future that shows how the model can coexist with other approaches and where the «market» for transformative mediation is emerging This volume is a foundational resource on transformative practice, for both readers of the first edition and new readers – including mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.

A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.

Winner of the 2009 CPR Award for Outstanding Book In this groundbreaking book, Bernard Mayer, a pioneer in the field of conflict resolution, offers a new paradigm for dealing with long-term disputes. Mayer explains that when dealing with enduring conflict, mediators and other conflict resolution specialists need to move past the idea of how quickly they can resolve the conflict. Instead, they should focus on how they can help people prepare to engage with an issue over time. Once their attention is directed away from a speedy resolution to a long-term approach, new avenues of intervention become apparent.

Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his own experience plus those of his colleagues, Jeffrey Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict – families, organizations, corporations – and shows how mediated negotiations help them to reach a successful resolution. Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions: What happened? and What strategies can we learn?